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MINUTES OF THE SELECT BOARD EXECUTIVE SESSION MINUTES
DATE : August 23, 2021
TIME : 5 : 45 PM
PLACE : Remote Participation
ALL PARTICIPANTS ARE PARTICIPATING REMOTELY : Chair Bingham , Selectperson Whitney, Selectperson
Chatelain , Selectperson Chaffee , Selectperson Hoffmann , Town Administrator Peter Lombardi , Assistant
Town Administrator Donna Kalinick
Call to Order & Declaration of a Quorum , Meeting Participation Statement and Recording Statement
Chair Bingham called the meeting to order at 5 : 45pm , conducted a roll call vote of attendance, declared a
quorum present, and read the meeting participation and recording statements .
Chair Bingham stated that the Select Board will enter executive session at 5 : 47pm for the following reason .
Executive Sessions To consider the purchase , exchange lease or value of real property at 3057 Main Street
and 500 W H Besse Cartway if the chair declares that an open meeting may have a detrimental effect on
the negotiating position of the public body .
Selectperson Hoffman moved to enter executive session . Selectperson Chatelain second . A roll call vote was
taken . Selectperson Chaffee - yes, Selectperson Hoffmann - yes, Selectperson Whitney- yes, Selectperson
Chatelain , Chair Bingham -yes . The Board vote was 5 -Yes, 0- No . The Select Board entered executive session .
Each party present recited the following statement : " No other person is present or able to hear the
discussion at this remote location . "
Mr . Lombardi stated that this meeting is to discuss submitting a Community Preservation Committee
application for the acquisition for the Long Pond Parcel . Mr . Lombardi spoke with Faythe Ellis to explain the
situation and the timeline of the process . Ms . Ellis expressed a willingness to accept an application from the
Town for the Long Pond Parcel .
Mr . Lombardi reviewed that there is slightly over $ 1M in Open Space funding available for appropriation .
There has been a series of email exchanges with Town Counsel, Bond Counsel , and financial advisors to go
through all the different scenarios for both acquisitions . Mr . Lombardi stated that for both properties all the
different iterations are pretty complicated and not similar to anything the Town has gone through before .
We need to look at potential funding partners, when their dollars may be added , as well as what
considerations we need to take into account relative to issuing tax exempt bonds vs taxable bonds for
potential private entities being involved in future uses . Mr . Lombardi confirmed that if we were to purchase
the Long Pond Parcel for an amount that is higher than the appraised value , then we can ' t use CPA funds .
This was explained to Ms . Ellis as a hypothetical ; if the Town were inclined to submit an application , and go
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through the process, at some point ( before or after Town Meeting ) the sellers want to negotiate and we
agree to a higher amount, then the CPA funds are no longer available to the Town . Mr . Lombardi provided
two other considerations :
1 . Free Cash is certified at $ 4 . 5M ( this will be in tonight' s Town Admin report ) ; generally, we would
want a balance of $ 1M in free cash to close out the fiscal year ( in round dollars ) . This leaves $ 3 . 5M
for appropriation , our capital plan is looking at funding $ 1 . 7M for capital needs from free cash , and
this upcoming fiscal year we don ' t anticipate that changing much based on feedback from
department heads . Mr . Lombardi stated if we use $ 1 . 75M of these funds, we will still have more than
$ 1 . 5M available to appropriate with free cash . Aberration this year for a couple of factors, mainly
short-term rentals, and our free cash closeout from last fiscal year. Adding that we will have the free
cash available to apply directly this year if we choose .
2 . The warrant book goes to print next Friday, as decided last week to go with the traditional warrant
book route in the Cape Codder . Mr . Lombardi noted that if we were going to add a CPA article, then it
would have to be added to the warrant, so we have a place holder article . This allows the CPC to work
through their process . Recommendations wouldn ' t be in the book, but there would have to be an
article added , we would then have four articles on the warrant instead of three .
The Select Board members entered into discussion to decide if a CPC application should be submitted . Some
of the key point so the discussion are as follows :
• Since the Town has commissioned a second appraisal whichever appraisal has the higher amount will
be used . The second appraisal will not come in until after Town Meeting, this is another reason for
hesitation to move forward with the application .
• We would have to provide the appraisals to CPC, this may not be something we are ready to do at
this time , the information would stay in executive session and remain privileged , but we are trying to
keep information as confidential as much as possible .
• Mr. Lombardi has not heard anything from the brokers or sellers in 6 days since the public forum .
The Board is not inclined to think they will be willing to negotiate in a way that would help support
what the Town would like to do in terms of funding mechanisms .
• If we do not apply for CPC funding now, there will be opportunity to apply for funding on a multitude
of future projects, which we anticipate would be CPA eligible .
• There is concern that the Town is not following normal procedures for land acquisition, as there has
always been CPA funding attached to it .
• The Board wants residents to know that we recognize it is expensive and we are doing everything
possible to reduce the impact to taxpayers .
• It is known that at least one other bidder is planning on a large 40B project, the second appraisal
could come in at a different and significantly higher amount, if this occurs the Town may be required
to share with the CPC, or it may automatically take CPA funding off the table .
• If we apply for CPA funds we complicate bond issuance, muddy the potential use schemes and
potentially negatively impact our negotiating position since we have to disclose documents or are
married to a price that we ultimately want to budge from .
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• In terms of acquiring the Long Pond parcel, using CPA funds is effectively the same as using free cash ,
the money collected from residents that is available for appropriation , to the extent the use of one of
both sources of funds, avoids impact to resident tax bills, in large part one in the same .
• Historically our typical process is that the Town applies for a land grant and get some significant state
grant funding, which is highly unlikely in this scenario .
• The Board understands that residents may view failure on the Boards part if we do not involve CPC,
alternatively we could add an explanation on the website FAQ section and comment at Town meeting
to address concerns .
• Open Space funds are not just for land acquisition, hypothetically can be used for passive recreation ,
for example trail development .
Selectperson Chaffee moved that the Select Board does not submit a CPA application to support the Long
Pond parcel acquisition . Selectperson Chatelain second . A roll call vote was taken . Selectperson Whitney-
yes , Selectperson Hoffmann - yes, Selectperson Chaffee - yes, Selectperson Chatelain -yes, Chair Bingham -yes .
The Board vote was 5 -Yes, 0- No .
Selectperson Hoffmann moved to return to regular session at 6 : 11pm . Selectperson Whitney second . A roll
call vote was taken . Selectperson Chatelain - yes, Selectperson Hoffmann - yes, Selectperson Chaffee - yes ,
Selectperson Whitney-yes, Chair Bingham -yes . The Board vote was 5 -Yes, 0 - No .
Respectfully submitted ,
Erika Mayon
Executive Assistant, Select Board
Approved : 12 / 19 / 2022 Signed :
Date Select Board Clerk, Kari Hoffmann
Released . 2/27/2023
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